TTAB Reverses 2(e)(2) Geographical Descriptiveness Refusal of BUCKEYE CUSTOM E-BIKES

Finding that the primary significance of the word "BUCKEYE" is not a geographic location, the Board reversed a Section 2(e)(2) refusal of the mark BUCKEYE CUSTOM E-BIKES for "On-line retail store services featuring electric bicycles and electric bicycle accessories; Retail store services featuring electric bicycles and electric bicycle accessories.” However, the Board required a disclaimer of CUSTOM E-BIKES. In re Buckeye Custom E-Bikes, LLC, Serial No. 98321088 (June 27, 2025) [not precedential] (Opinion by Judge George C. Pologeorgis).

The test for determining whether a mark is primarily geographically descriptive under Section 2(e)(2) is whether: 1. the mark sought to be registered (or a portion thereof) is the name of a place generally known to the public; 2. the source of the goods or services is the geographic region named in the mark; and 3. the public would make an association between the goods or services and the place named in the mark, that is, believe that the goods or services for which the mark is sought to be registered originate in that place.

Additionally, in order to refuse registration, “the geographical meaning [must be] perceived by the relevant public as the primary meaning and that the geographical significance of the mark is to be assessed as it is used on or in connection with the goods [or services].”

As to the first prong of the test, the Examining Attorney relied on dictionary definitions, third-party registrations, and website references, in maintaining that the term BUCKEYE is a commonly used nickname for the U.S. state of Ohio. As to the second prong, there was no dispute that applicant is located in Ohio. As to the third, because Ohio is generally known to the purchasing public as a state in the United States and applicant’s services originate there, there is a presumption of a services-place association by the public.

Applicant argued that the numerous definitions of “buckeye” submitted by the Examining Attorney invariably define the term BUCKEYE first as a tree or shrub, and second as the seed produced by such a tree or shrub. The Board sided with the applicant.

As demonstrated by the dictionary and website article evidence of record, the term ‘buckeye,” standing alone, is primarily defined as a tree or shrub or the seed from such tree or shrub. The record also shows that the nickname for the state of Ohio is not “buckeye” but the “Buckeye State.” And while the tertiary dictionary definition of “buckeye” is “a native of Ohio,” that definition primarily defines a person, not a geographic location.

The Board concluded that, although the term “buckeye” may be suggestive of the state of Ohio, the evidence demonstrated that the primary significance of BUCKEYE is not that of a geographic location."

The Board ordered that the application be reopened and remanded to the Examining Attorney for entry of the disclaimer of the wording CUSTOM E-BIKES. See Trademark Rule 2.142(g), 37 C.F.R. § 2.142(g).

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TTABlogger comment: I think it's fair to say that consumers in Ohio will think that BUCKEYE is a geographical reference. Isn't that enough for a Section 2(e)(2) refusal? In the doctrine of foreign equivalents context, a few hundred thousand foreign language speakers are enough to support a mere descriptiveness refusal of a foreign-language term. Surely there are more than a few hundred thousand people who find BUCKEYE to be geographically descriptive.

Text Copyright John L. Welch 2025.